According the three of the victim's lawyer, Cortney LeNeave engineers say the train was unable to brake due to snow and ice on the tracks and lost control, but the crew was able to regain it.

A new crew was then assigned to the same train about an hour and a half after the incident.

LeNeave says at least one day before the accident senior engineers had requested that the railroad tracks be cleared of snow and ice.He says going down hills was considered a safety hazard with the tracks current condition.

LeNeave says CN had 6 other runaway trains that same day.

4 trains in Proctor and 2 from other areas in Two Harbors also lost control from what is expected to be too much snow and ice on the tracks.

There were no physical injuries in those incidents.

Allegedly, the tracks were not cleared making it impossible for the engineers to control their train.

The train was going over 50 miles per hour when two of the men onboard jumped off.

"One of the men has literally a broken neck that was fused by the doctors and will likely have a lifetime of care and treatment.There are head injuries brain injuries, bleeding on the brain.

Leneave said the 3rd and fourth men that did not jump from the train still sustained some physical injuries. All four employees are dealing with psychological scarring.

He says the operator was a seasoned engineer and in proper conditions could have averted the crisis.